Terms of Service Agreement

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING THESE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THESE SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THESE SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF JULY 1, 2016.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with individuals who may interact with sites and services of ISP Cloud Services Inc., also referred to herein as ISPCS, located at 2333 Brickell Ave, Suite D-1, Miami, FL 33129 and its subsidiaries and affiliates, in association with the use of ToogleBox (formerly known as FORIGOTRON) and its “Services”, which shall be defined below.

DESCRIPTION OF SERVICES

Email Damage Control, including but not limited to the following services:

Email Recall for End-UsersRECALL SENT EMAIL (delete from the recipients' mailboxes).

Former User Contact PurgePURGE contacts and addresses of former users.

Email Recall for End-UsersRECALL SENT EMAIL (delete from the recipients' mailboxes).

The Services are based on Google Cloud Platform and are provided through applications which are the sole property of ISPCS.

ISPCS may offer additional services and/or products, or update, modify or revise any current content and services, and this TOS shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. ISPCS does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products.

USERS

For the purpose of this TOS, any and all visitors to tooglebox.com or forigotron.com, regardless they are registered or not, shall be deemed as "users" of the Services.

An individual who registers for the Services through the process of installing and activating it shall be considered a "Domain Administrator."

All domains for which a Domain Administrator activates the Services shall be considered “Reachable Domains.”

You hereby acknowledge and agree that the Services are provided and made available only to Reachable Domains.

You understand, acknowledge and agree that the Services are based on Google Cloud Platform and G Suite and as such ISPCS shall not assume any responsibility or obligation for the timeliness, missed delivery and/or any failure of the Services due to unavailability or failure of Google Cloud Platform or G Suite.

You acknowledge, accept and agree that ISPCS shall not be held liable for any updates, modifications, revisions, suspensions or discontinuance of any of the Services and/or products. The continued use of the Services after such posting of any updates, changes, and/or modifications shall constitute acceptance of such updates, changes and/or modifications, and frequent review of this Agreement and any and all applicable terms and policies should be made to ensure awareness of all terms and policies currently in effect.

REGISTRATION

To register, install, and become a Domain Administrator of the Services, you must have “full administrative rights” in the G Suite Admin console of the domains for which the Services are to be activated.

ToogleBox may collect information such as name, e-mail address and contact phone number. Once Domain Administrators register in ToogleBox and sign in to the Services, they are no longer anonymous.

ACCESS CONTROL POLICY

Access to ToogleBox is granted only by default to Domain Administrators, and to other authorized users named and controlled by the Domain Administrators.

Email messages, users and contacts, and other information are accessible only to Domain Administrators and their authorized users of each Reachable Domain and to other administrators named through the Configuration Panel of ToogleBox.

Only Domain Administrators have access to the Configuration Panel of ToogleBox.

ISPCS shall not lay claim to ownership of information in the Reachable Domains, nor make such information available outside the Reachable Domains.

The Services will not modify directly the contents of Google Vault or any other backup or discovery service.

ACCOUNT, PASSWORD AND SECURITY

All users and administrators must have a Google account and will be authenticated by Google.

Users and administrators are responsible for maintaining the secrecy and confidentiality of their passwords and for all activities that transpire on or within their account. It is their responsibility for any act or omission of any users that access their account information that, if undertaken by them, would be deemed a violation of the TOS. It shall be their responsibility to notify ISPCS immediately if they notice any unauthorized access or use of their account or password or any other breach of security. ISPCS shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or any condition of the TOS.

ISPCS herein reserves the right to access, preserve and/or disclose account information if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

enforcement of the TOS;

responding to requests for customer service.

CONTRIBUTIONS TO THE SERVICES

ToogleBox provides a “Contact us” service for you to contribute feedback. When you submit ideas, documents, suggestions and/or proposals ("Contributions"), you acknowledge and agree that:

Contributions do not contain any type of confidential or proprietary information;

ISPCS shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;

ISPCS shall be entitled to make use of and/or disclose any such Contributions in any such manner as it may see fit;

Contributions shall automatically become the sole property of ISPCS; and

ISPCS is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

You herein agree to insure and hold ISPCS, its subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any email messages, users and contacts, and other information you may audit, inspect, track, delete, erase, or otherwise manipulate through the Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

You herein agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to ISPCS's services.

MODIFICATIONS

ISPCS shall reserve the right at any time it may deem fit, to modify, alter and or temporarily discontinue the Services, or any part thereof, with or without prior notice. In addition, ISPCS shall not be held liable for any such alteration, modification, suspension and/or discontinuance of the Services, or any part thereof.

TERMINATION

You may cancel or terminate the Services by uninstalling FORIGOTRON through the G Suite Admin console if you are a Domain Administrator and have “full administrative rights” in the G Suite Admin console of the domains for which the Services are to be terminated.

You agree that ISPCS may, without any prior written notice, suspend, terminate, discontinue and/or limit an account, and access to any of the Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

any breach or violation of this TOS or any other incorporated agreement, regulation and/or guideline;

by way of requests from law enforcement or any other governmental agencies;

the discontinuance, alteration and/or material modification to the Services, or any part thereof;

unexpected technical or security issues and/or problems;

any engagement in any fraudulent or illegal activities; and/or

the nonpayment of any associated fees that may be owed in connection with the Services.

You herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access shall be made at ISPCS’s discretion and that it shall not be liable to you, other users, administrators, or any other third party with regards to the termination of the Services.

PROPRIETARY RIGHTS

You hereby acknowledge and agree that the Services and any essential software that may be used in connection with the Services contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this TOS.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the ISP Cloud Services Inc. trademarks, copyright, trade name, service marks, and other logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of ISPCS. You herein agree not to display and/or use in any manner the ISPCS’ logos or brand features without obtaining prior written consent from ISPCS.